HF4564

Purpose

Clarifies and strengthens how presidential electors and their alternates are nominated, certified, and placed on the ballot. It adds required certifications and notarized affidavits to verify that the president and vice president candidates meet federal constitutional eligibility and state election-law requirements before they can appear on the ballot.

Key Provisions

• Petitions for electors and alternates

  • Applies to non-major-party candidates; major-party nominees are handled under a separate section.
  • A single petition can nominate a slate of presidential electors equal in number to the state's electoral count, plus an alternate for each elector.
  • The petition must include the names of the presidential and vice presidential candidates added to the party’s stated political party or principle on the petition.

• Certification under oath on petitions

  • The petition must include a certification under oath that the presidential and VP candidates meet all eligibility requirements to be elected, including those in the United States Constitution (Article II, Section 1) and the 22nd Amendment (Amendment XXII).

• Notarized affidavit of candidacy

  • In addition to the petition, each nominated candidate must submit a signed notarized affidavit of candidacy for president or vice president.
  • The affidavit must include:
  • Name as it should appear on the ballot
  • Campaign address, website, phone number, and email
  • The name of the political party or principle stated on the petition
  • The office sought (president or vice president)
  • A declaration that the candidate is aware of and will follow all applicable election and campaign finance laws

• Ballot access consequences

  • The secretary of state cannot place the name of a candidate for president or VP on the general election ballot if the required certification is not provided.
  • The petition and accompanying nominations on behalf of a candidate are only eligible to be elected if the certification is provided.

Section 208.03 changes (Nomination and Certification by Major Parties)

• Major parties nominate electors and alternates through delegate conventions overseen by the party’s state central committee.
• Timing and certification
  • At least 71 days before the general election, the party chair must certify to the secretary of state the names of the presidential electors, alternates, and the party candidates for president and VP.
  • The chair must certify under oath that the party’s candidates have no other affidavit on file for any office in the upcoming general election, and that they meet all federal constitution eligibility requirements (Article II, Section 1 and Amendment XXII).
• Ballot placement
  • The secretary of state must not place the party’s presidential or VP candidates on the ballot if these certifications are not provided, and if the slate of electors and alternates is not eligible to be elected.

Significant Changes to Existing Law

• Adds a requirement for a notarized affidavit of candidacy and oath-backed certifications for presidential and VP nominees outside major parties, tightening who can appear on the ballot.
• Requires explicit declarations of compliance with election laws and campaign finance laws.
• Strengthens the link between petition signatures, candidate eligibility, and ballot access by tying certifications under oath to ballot placement.
• Introduces a clear, preventative process to reject candidates who do not meet constitutional eligibility or who have conflicting affidavits on file.

Implications

• More rigorous verification for presidential and VP candidates seeking ballot access.
• Higher administrative requirements for non-major-party nominees (petitioners) and for major-party nominees (through the 71-day certification process).
• Potential disqualification of candidates who fail to provide the necessary certifications or affidavits.

Relevant terms - presidential electors, alternate presidential electors - petitions, petitions for presidential electors - certification under oath, sworn certification - eligibility requirements, United States Constitution Article II, Section 1 - Amendment XXII (22nd Amendment) - secretary of state, ballot, general election - major political parties, delegate conventions, state central committees - 71 days before general election day - notarized affidavit of candidacy, affidavit of candidacy - campaign address, website, phone, email - political party or political principle - office sought (president, vice president) - election laws, campaign finance laws - affidavit on file, no affidavit on file